Governor Rell Signs Bill That Offers

Greater Protection for Identity Theft Victims

Governor M. Jodi Rell today announced she has signed broad-based legislation that increases criminal penalties for identity theft and sets up a fund from forfeited assets to help individuals whose identity has been stolen.

 The law is the result of reforms the Governor has worked toward and championed for the past three years. In 2005, the Governor established an Identity Theft Advisory Board, which harnessed the expertise of many state agencies and organizations, including the Departments of Banking and Consumer Protection, Office of Chief State’s Attorney and Victim Advocate and the Connecticut Business and Industry Association.

“Identity theft goes far deeper than monetary losses,” Governor Rell said. “It is a crime that shreds an individual’s sense of security and often takes someone years to recover his or her good name. This law will help victims put their lives back together. If personal information is stolen by thieves or lost, those responsible will face strict sanctions under this law.

“Broader protection against identity theft has been a goal of my administration,” Governor Rell said. “Our personal information can be stolen in any number of ways – from ‘dumpster diving’ to high-tech, sophisticated thievery. Regardless of the methods, we all pay when credit card companies and others have to raise their rates to account for losses.”

The legislation makes numerous changes in existing laws relating to identity theft, misuse of Social Security Numbers or other personal identifying information. The law also includes tougher penalties for those convicted of victimizing senior citizens. A suspect now faces first-degree identity theft charges – a class B felony – for victimizing anyone older than 60 and stealing assets and valuables over $5,000. The law lowers the theft threshold for a first-degree offense from $10,000.

The legislation broadens the definition of identity theft, increases penalties for criminal impersonation and creates the crime of unlawful possession of personal access devices, such as card readers or scanners, account numbers, personal identification numbers or PIN number and telecommunications service.

The law extends the statute of limitations from two to three years in which a victim can sue for damages against a person convicted of stealing their identity. Those damages can include lost wages and financial losses. The bill also requires, rather than allows, a court to issue orders correcting public records when identities are stolen.

Other provisions include:

·        Allowing perpetrators to be prosecuted in the area where the victim lives rather than where the crime was committed;

·        Penalizing employers for failing to secure employment applications and take reasonable measures to destroy them when disposing of them;

·        Authorizing the Commissioner of the Department of Consumer Protection to investigate violations and allows the Attorney General or other state agency, at the request of the DCP Commissioner to enforce the provision;

·        Creating a Privacy Protection fund within the DCP that uses violators’ fines to reimburse victims and enforce the law;

·        Making property gained from identity theft subject to forfeiture and requires those proceeds be deposited in the DCP Privacy Protection fund.

The Governor’s bill had broad bipartisan backing and was endorsed by the Office of Victim Advocate, the state Departments of Public Safety, Banking, Consumer Protection and Information Technology and the Division of Criminal Justice.

The legislation, Senate Bill 838, An Act Concerning Consumer Privacy and Identity Theft, takes effect October 1, 2009.

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